The Kwara State High Court sitting in Ilorin has rejected an application by the Kwara State Government seeking to remand the publisher of Afrika Eyes, Buhari Olanrewaju Ahmed and African Action Congress (AAC) governorship candidate Musa Tsaragi at a correctional centre over alleged defamation.
The two defendants are facing a three-count charge of alleged defamation and injurious falsehood following a complaint filed by Sadiq Buhari, a former Special Adviser to the Kwara State Governor on Social Investment.
The allegations reportedly stem from their public condemnation of the violent attack on peaceful protesters in Ilorin, Kwara State.
The defendants were arraigned on Thursday before Justice E.B. Mohammed of the Kwara State High Court.
During the proceedings, counsel representing the Kwara State Government, Busari, made an oral application seeking the remand of the two defendants at a correctional centre pending further proceedings.
However, Busari was unable to cite a specific legal provision authorising the court to remand the defendants based on oral application for their bail.
Counsel to the first defendant, Taofiq Olateju, Esq., subsequently urged the court to grant his client bail, arguing that the journalist had consistently honoured court proceedings and had never breached any bail conditions.
Olateju told the court that his client had even appeared whenever the prosecution contacted him, despite not being formally served with a court process directing him to do so.
He said, “The defendant has never failed to appear in court. Even when the prosecutor called me to inform me that my client should appear in court, despite not serving them any court process, he honoured the invitation.
“I pray your Lordship to judiciously grant him bail on liberal terms or at your discretion.”
However, before Olateju could conclude his submission, Busari reportedly objected to the oral bail application, citing an old case law which was determined under the Criminal Procedure Act applicable in the former SouthWest Region.
The government counsel urged the court to reject the oral bail request, insisting that the defendants should be remanded at a correctional centre pending further hearing and that their lawyers should formally file a bail application.
Counsel to the second defendant, AbdulRazaq Adelodun Daibu, also urged the court to grant his client bail, arguing that neither defendant had violated the earlier bail conditions granted by Justice Umar Zikki Jubril before the case was transferred to the present court.
Adelodun further informed the court that both defendants had voluntarily appeared for their arraignment without any warrant of arrest being issued against them.
He maintained that there was no justification for remanding the defendants, particularly as they had demonstrated their willingness to submit themselves to the court’s jurisdiction.
Delivering his ruling after the two defendants pleaded not guilty to the three-count charge, Justice E. B. Mohammed rejected the government’s request to remand them and granted both defendants bail.
The judge reportedly observed that the defendants had voluntarily presented themselves before the court and had no record of failing to honour previous court proceedings or breaching their bail conditions.
Justice Mohammed subsequently granted each defendant bail in the sum of ₦200,000, with one surety each.
The court adjourned the matter until January 28, 2027, for trial.
